HOLDEN COVE, INC., RONALD BLACK, ET AL., PETITIONERS,
v.
4 MAC HOLDINGS, INC., RESPONDENT
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PER CURIAM.
Petitioners seek review of an order granting partial summary judgment on the issue of liability in favor of respondent (plaintiff below). We are unable to address the merits of petitioners’ argument. Certiorari review is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule, which authorizes an appeal from only a few types of non-final orders. Jaye v. Royal Saxon, Inc., 720 So. 2d 214 (Fla.1998). It is settled law that, as a condition precedent to invoking this court’s certiorari jurisdiction, the petitioning party must establish that it has suffered an irreparable harm that cannot be remedied on direct appeal. Jaye, 720 So. 2d at 215. An order granting partial summary judgment on the issue of liability is not reviewable because the issue can be raised on direct appeal of the final judgment. Chase Fed. Bank v. Kim, 604 So. 2d 909 (Fla. 5th DCA 1992).
The individual petitioners also contend the trial court’s order causes irreparable harm because they are now subject to discovery requests regarding their private finances. We reject this argument as premature and speculative.
Petition for Writ of Certiorari DENIED.
GRIFFIN, MONACO, and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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State v. Travis, 971 So. 2d 157 (Fla. 1st DCA 2007)…(same). See generally Belair v. Drew, 770 So. 2d 1164, 1166 (Fla.2000); Vanguard Fire and Cas. Co. v. Golmon, 955 So. 2d 591, 593 (Fla. 1st DCA 2006); Kirlin v. Green, 955 So. 2d 28, 29 (Fla. 3d DCA 2007); Holden Cove, Inc. v. 4 Mac Holdings, Inc., 948 So. 2d 1041, 1041 (Fla. 5th DCA 2007). . DOR’s motion to vacate did not delay rendition of the trial court’s earlier order ratifying the hearing officer's recommended order. See Fla. R.App. P. 9.020(h) (2007) (providing that a motion “to vacate an order based…
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Poston v. Wiggins, 112 So. 3d 783 (Fla. 1st DCA 2013)…be relevant to the issue of negligence in the case and are potentially discoverable. However, the petitioner’s alleged irreparable harm with regard to this group of records is premature and speculative. See Holden Cove, Inc. v. 4 Mac Holdings, Inc., 948 So. 2d 1041, 1042 (Fla. 5th DCA 2007) (rejecting an irreparable harm argument as being premature and speculative). As the petitioner could ultimately appeal the denial of the protective order and the trial court could still perform an in camera review and recei…
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State Farm Mut. Auto. Ins. Co. v. Knapp, 234 So. 3d 843 (Fla. 5th DCA 2018)…cannot be corrected on post-judgment. appeal.” Capital One, N.A. v. Forbes, 34 So. 3d 209, 212 (Fla. 2d DCA 2010). This Court first examines prongs two and three to determine its certiorari jurisdiction. See Holden Cove, Inc. v. 4 Mac Holdings Inc., 948 So. 2d 1041, 1041 (Fla. 5th DCA 2007); Barker v. Barker, 909 So. 2d 333, 336 (Fla. 2d DCA 2005), rev. denied, 914 So. 2d 952 (Fla. 2005). If jurisdictional prongs- two' and three are not fulfilled, we are bound to dismiss the petition. See Capital One, N.A., 34…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jaye v. Royal Saxon, Inc, 720 So. 2d 214 (Fla. 1998)
- Chase Fed. Bank v. Young H. KIM, 604 So. 2d 909 (Fla. 5th DCA 1992)